Discrimination

  • June 28, 2024

    Morgan Lewis Employment Litigator Jumps To Vedder Price

    Vedder Price has hired an employment litigator from Morgan Lewis & Bockius LLP as a shareholder in its Chicago office, the firm announced Friday.

  • June 28, 2024

    A Year After Justices Scrap Affirmative Action, DEI Rebounds

    Workplace diversity, equity and inclusion efforts took a hit after the U.S. Supreme Court handed down a blockbuster decision one year ago scrapping affirmative action in college admissions, but experts say employer interest in crafting DEI programs is bouncing back.

  • June 28, 2024

    EEOC Says Claims Of Trans Worker's Harassment Are Valid

    The U.S. Equal Employment Opportunity Commission urged an Illinois federal court to keep afloat its suit accusing a hog farm of allowing its president and a worker to harass a transgender female employee, saying it put forward enough details to back up its claims.

  • June 28, 2024

    High Court Enters July With 3 Rulings To Go

    In a rare move, the U.S. Supreme Court will issue opinions into the beginning of July as the court tries to clear its merits docket of three remaining cases dealing with presidential immunity, whether governments can control social media platforms' content moderation policies and the appropriate deadline to challenge agency action. 

  • June 28, 2024

    Supreme Court Strikes Down Chevron Deference

    The U.S. Supreme Court on Friday overturned a decades-old precedent that instructed judges about when they could defer to federal agencies' interpretations of law in rulemaking, depriving courts of a commonly used analytic tool and leaving lots of questions about what comes next.

  • June 27, 2024

    Tesla Error Doomed Bid To Arbitrate Race Bias Suit, Court Says

    Tesla must face a Black ex-employee's claims of race discrimination in court, a California appeals court ruled Wednesday, affirming a lower court's finding that the electric vehicle maker lost its chance to arbitrate the claims after it failed to pay arbitration fees on time.

  • June 27, 2024

    Principal Accused Of Fraud Can't Revive Bias Suit At 6th Circ.

    The Sixth Circuit backed the dismissal Thursday of a white principal's suit claiming race bias and violations of free speech after she was placed on paid leave under a gag order following claims she helped a custodian commit wage fraud, ruling her case lacks enough detail to warrant revival.

  • June 27, 2024

    EEOC's Kotagal Says Worker-Side Attys 'Haven't Lost' On DEI

    The newest commissioner at the U.S. Equal Employment Opportunity Commission urged plaintiff-side employment lawyers at a conference Thursday to keep fighting for lawful diversity, equity, inclusion and accessibility initiatives, and data collection to ensure equal employment opportunities. 

  • June 27, 2024

    11th Circ. Upholds Radiology Practice's FMLA Suit Win

    The Eleventh Circuit on Thursday backed a Florida radiology practice's defeat of a doctor's lawsuit alleging he was fired because he requested medical leave, ruling a lower court didn't err when it blocked him from presenting evidence he hadn't previously disclosed.

  • June 27, 2024

    5 New Pay Transparency Laws With Effective Dates To Watch

    The trend toward pay transparency continued this year, as states and cities made legislative changes to narrow the race and gender pay gap by requiring employers to share pay ranges for available jobs. Here are five laws with upcoming effective dates attorneys should keep an eye on.

  • June 27, 2024

    Ariz. Property Management Co. Hit With Age Bias Suit

    A former employee of a property management company claimed in Arizona federal court that she faced age discrimination on the job from the residents of an Arizona community for older people, and that the company did nothing about it.

  • June 27, 2024

    6th Circ. Backs Court Win In Black Ex-Worker's Race Bias Suit

    The Sixth Circuit declined Thursday to reinstate a lawsuit a former pretrial services investigator lodged against a Michigan circuit court accusing it of passing her over for a promotion because she's Black, saying her failure to show bias — not her poor interviewing skills — cost her the role.

  • June 27, 2024

    6th Circ. Dismisses Doctors' ACA Trans Healthcare Appeal

    The Sixth Circuit dismissed on Thursday an appeal from a group of doctors attempting to block the U.S. Department of Health and Human Services from enforcing prohibitions on gender-identity discrimination under the Affordable Care Act, finding subsequent agency action overruled the doctors' claims.

  • June 27, 2024

    Lewis Brisbois Adds Employment Atty In Nevada

    Lewis Brisbois Bisgaard & Smith LLP announced that a labor and employment attorney with more than 40 years of experience has joined the firm's Reno, Nevada, office as a partner.

  • June 27, 2024

    Union Pacific Dodges Black Engineer's Promotion Bias Suit

    An Illinois federal judge threw out a lawsuit by a longtime engineer accusing Union Pacific of passing him over for promotions because he's Black, saying he failed to rebut the railroad company's argument that it went with better-qualified applicants for the roles he sought.

  • June 27, 2024

    Staffing Nonprofits To Pay $325K To End EEOC Deaf Bias Suit

    Two Hawaii staffing nonprofits have agreed to pay $325,000 to resolve a U.S. Equal Employment Opportunity Commission suit alleging they refused to provide deaf employees with a sign language interpreter during staff meetings, according to a filing in federal court.

  • June 27, 2024

    Calif. School District Settles EEOC National Origin Bias Probe

    A California school district agreed to pay $45,000 after a U.S. Equal Employment Opportunity Commission investigation discovered reasonable cause to believe the district refused to promote a vice principal because he is Hispanic, the agency said Thursday. 

  • June 27, 2024

    Appeal Of Wash. Pay Range Suit Remand Gets Shut Down

    A Washington federal judge refused to certify an appeal to the Ninth Circuit concerning the lower court's decision to remand to state court a lawsuit alleging retailer Aaron's should have included pay ranges in job advertisements, saying that state court is the ideal venue to interpret state law.

  • June 27, 2024

    9th Circ. Revives US Citizen's Hiring Bias Suit Against Meta

    A split Ninth Circuit panel on Thursday reinstated a proposed class action alleging Facebook parent company Meta unlawfully favors visa holders when hiring, ruling that a Reconstruction-era civil rights law bars employers from discriminating against U.S. citizens.

  • June 27, 2024

    Pa. Manufacturer Ends EEOC Sex Harassment Suit

    A manufacturing company has struck a $110,000 deal with the U.S. Equal Employment Opportunity Commission to close a Pennsylvania federal court suit alleging it failed to act when two female workers complained they were regularly subjected to sexual comments and unwanted touching.

  • June 27, 2024

    Calif. Farm To Pay $200K To End EEOC Sex Harassment Suit

    A raspberry farm will pay $200,000 to resolve a suit from the U.S. Equal Employment Opportunity Commission accusing it of allowing a male supervisor to sexually harass male and female employees and retaliating against those who spoke up, a filing in California federal court said.

  • June 26, 2024

    Workers Feeling PWFA's Impact After 1st Year In Effect

    The Pregnant Workers Fairness Act, which took effect one year ago Thursday, has brought about more pregnancy accommodations for workers without causing overwhelming compliance challenges for employers, attorneys on both sides of the bar say.

  • June 26, 2024

    Jury Backs Mass. City In Firefighters' Race Bias Suit

    A Massachusetts federal jury sided with the city of Springfield on Tuesday in a suit brought by nonwhite firefighters who claimed the city failed to enforce residency requirements for its employees and stifled their opportunities for advancement.

  • June 26, 2024

    Gas Co. Settles Fired Hemp User's Disability Bias Suit

    An industrial gas manufacturer agreed to settle a worker's suit previously revived by the Sixth Circuit claiming he was illegally fired after he tested positive for marijuana, results that he said were false and derived from his use of legal hemp to treat pain following cancer surgery.

  • June 26, 2024

    NCDOT Settles Ex-Worker's Breast Milk Pumping Area Suit

    The North Carolina Department of Transportation and a former employee who accused it of failing to provide clean, private space for its nursing workers to pump their breast milk have agreed to settle their dispute, according to new documents filed in federal court.

Expert Analysis

  • 4 Steps To Navigating Employee Dementia With Care

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    A recent Connecticut suit brought by an employee terminated after her managers could not reasonably accommodate her Alzheimer's-related dementia should prompt employers to plan how they can compassionately address older employees whose cognitive impairments affect their job performance, while also protecting the company from potential disability and age discrimination claims, says Robin Shea at Constangy.

  • Compliance Tips For Employers Facing An Aggressive EEOC

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    This year, the combination of an aggressive U.S. Equal Employment Opportunity Commission, a renewed focus on large-scale recruiting and hiring claims, and the injection of the complicated landscape of AI in the workplace means employers should be prepared to defend, among other things, their use of technology during the hiring process, say attorneys at Seyfarth Shaw.

  • Employer Lessons From Nixed Calif. Arbitration Agreement

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    A California state appeals court’s recent decision to throw out an otherwise valid arbitration agreement, where an employee claimed a confusing electronic signature system led her to agree to unfair terms, should alert employers to scrutinize any waivers or signing procedures that may appear to unconscionably favor the company, say Guillermo Tello and Monique Eginli at Clark Hill.

  • EEO-1 Ruling May Affect Other Gov't Agency Disclosures

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    By tightly construing a rarely litigated but frequently asserted term, a California federal court’s ruling that the Freedom of Information Act does not exempt reports to the U.S. Department of Labor on workplace demographics could expand the range of government contractor information susceptible to public disclosure, says John Zabriskie at Foley & Lardner.

  • Workplace Speech Policies Limit Legal And PR Risks

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    As workers increasingly speak out on controversies like the 2024 elections and the Israel-Hamas war, companies should implement practical workplace expression policies and plans to protect their brands and mitigate the risk of violating federal and state anti-discrimination and free speech laws, say attorneys at McDermott.

  • In Focus At The EEOC: Preserving Legal System Access

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    The track records of and public commentary from U.S. Equal Employment Opportunity Commission leaders — including two recently confirmed Democratic appointees — can provide insight into how the agency may approach access to justice priorities, as identified in its latest strategic enforcement plan, says Aniko Schwarcz at Cohen Milstein.

  • Mitigating Compliance And Litigation Risks Of Evolving Tech

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    Amid artificial intelligence and other technological advances, companies must prepare for the associated risks, including a growing suite of privacy regulations, enterprising class action theories and consumer protection challenges, and proliferating disclosure obligations, say attorneys at Eversheds Sutherland.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • A Focused Statement Can Ease Employment Mediation

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    Given the widespread use of mediation in employment cases, attorneys should take steps to craft mediation statements that efficiently assist the mediator by focusing on key issues, strengths and weaknesses of a claim, which can flag key disputes and barriers to a settlement, says Darren Rumack at Klein & Cardali.

  • Vaccine Accommodation Suits Show Risk Of Blanket Policies

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    A recent federal class action alleging Tyson Foods inappropriately applied a one-size-fits-all response to Arkansas employees seeking religious COVID-19 vaccine exemptions, with similar suits going back to 2022, should remind employers to individually consider every worker request for a religious accommodation, say Christopher Pardo and Elizabeth Sherwood at Hunton.

  • Workplace Challenges Amid Israeli-Palestinian Conflict

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    Recent tension over the Israeli-Palestinian conflict has caused challenges in the employment sphere, sparking the question of whether employees can be legally disciplined for speaking out on issues related to the conflict, which depends on various circumstances, says Alok Nadig at Sanford Heisler.

  • Water Cooler Talk: Insights On Noncompetes From 'The Office'

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    Troutman Pepper’s Tracey Diamond, Evan Gibbs, Constance Brewster and Jim Earle compare scenarios from “The Office” to the complex world of noncompetes and associated tax issues, as employers are becoming increasingly hesitant to look to noncompete provisions amid a potential federal ban.

  • High Court's Job Bias Questions May Predict Title VII Ruling

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    Employers may be able to predict — and prepare for — important changes to workplace discrimination laws by examining the questions the U.S. Supreme Court asked during oral arguments for Muldrow v. St. Louis, where several justices seemed to favor a low threshold for Title VII suits, says Wendy LaManque at Pryor Cashman.